Goutam Nishad vs State Of Chhattisgarh
2022 Latest Caselaw 5273 Chatt

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                                                                      CRA No. 1601 of 2021



                   HIGH COURT OF CHHATTISGARH, BILASPUR

                                      Order Sheet

                                  CRA No. 1601 of 2021

 Goutam Nishad S/o Narayan Nishad, aged about 29 years;


 Narayan Nishad S/o Kunwar Singh Nishad, aged about 55 years;


 Budhyarin Bai W/o Narayan Nishad, aged about 50 years;

     All are R/o Village - Mirgi, Thana - Bhatapara (Gramin) District Baloda Bazar-
     Bhatapara, C.G.

                                         Versus

    State Of Chhattisgarh, through Police Station Bhatapara (Gramin) District Baloda
     Bazar-Bhatapara, C.G.

     Division Bench:-

     Hon'ble Shri Justice Sanjay K. Agrawal &
     Hon'ble Shri Justice Sachin Singh Rajput

        4

    22.08.2022         Mr. Deepak Kumar Jain, counsel for the appellants.


                       Mr. Ashish Tiwari, G.A. for the State / respondent.

Heard on I.A. No.1, application for suspension of sentence

and grant of bail.

The appellants stand convicted for offence under Section

302 read with Section 34 of IPC and sentenced to undergo R.I. for

life imprisonment and pay fine of Rs.1000/-, each, in default of 2 of 4 CRA No. 1601 of 2021

payment of fine additional R.I. for 6 months by the impugned

judgment dated 26.11.2021 passed by the 4th Additional Sessions

Judge, Bhatapara, District Balodabazar, C.G. in Sessions Trial No.

H-06/2020. They have challenged the same in this appeal.

Mr. Deepak Kumar Jain, learned counsel for the appellants,

submits that the appellants have falsely been implicated in crime in

question and they have been convicted by recording a finding

which is perverse to the record. He also submits that appellant

No.1, Goutam Nishad, is in jail since 21.10.2019. He further

submits that no recovery has been made from appellants No.2 & 3

and also motive has not been proved against appellants No.2 & 3.

He further submits that appellants No.2 & 3 were on bail during the

trail and they did not misuse the liberty and, as such, the

application for grant of bail may be allowed and appellants may be

released on bail.

Per contra, Mr. Ashish Tiwari, learned State counsel,

opposes the submission made by learned counsel for the

appellants. He further submits that the trial Court has rightly

convicted the appellants and the application for grant of bail to the

appellants deserves to be rejected.

We have heard learned counsel for the parties and

considered their rival submissions and also perused the records 3 of 4 CRA No. 1601 of 2021

with utmost circumspection.

Pursuant to the memorandum (Ex.P/6) of appellant No.1,

Goutam Nishad, axe has been recovered vide Ex. P/7 (property

and seizure memo) and in FSL report (Ex.P/30) on article ' E' i.e.

axe, human blood was found. Therefore, we are not inclined to

grant bail to appellant No.1, Goutam Nishad, accordingly,

application for suspension of sentence and grant of bail filed on

behalf of appellant No.1, Goutam Nishad, is rejected.

Taking into consideration the materials available on record

and fact that no recovery was made from appellants No.2 & 3 and

also no overt act has been proved against them and further

considering that appellants No.2 & 3 were on bail during trial and

they did not misuse the liberty, we are inclined to grant bail to

appellant No.2, Narayan Nishad, and appellant No.3, Budhyarin

Bai. Accordingly, application for suspension of sentence and grant

of bail filed on behalf of appellant No.2, Narayan Nishad, and

appellant No.3, Budhyarin Bai is allowed.

The substantive jail sentence awarded to appellant No.2,

Narayan Nishad, and appellant No.3, Budhyarin Bai, is

suspended during the pendency of this appeal and they are

directed to be released on bail on their furnishing a personal bond

in the sum of Rs.25,000/- each, along with one surety in the like

sum to the satisfaction of the concerned trial Court for their 4 of 4 CRA No. 1601 of 2021

appearance before the Registry of this Court on 29 th of

September, 2022. They shall thereafter, appear before the trial

Court on a date to be given by the Registry of this Court and shall

continue to appear there on all such subsequent dates as are

given to them by the said Court, till the disposal of this appeal.

However, observation made herein above is only confined to

disposal of bail application and shall not be construed as opinion

on merits of the matter.

In view of the above, I.A. No.1 stands disposed off.

Certified copy as per rules.

                       Sd/-                                     Sd/-
               (Sanjay K. Agrawal)                    (Sachin Singh Rajput)
                     Judge                                    Judge




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